New Orleans |
Code of Ordinances |
Chapter 54. CRIMINAL CODE |
Article VI. OFFENSES AFFECTING THE PUBLIC GENERALLY |
Division 4. OFFENSES AGAINST GENERAL PEACE AND ORDER |
§ 54-414. Curfew for persons under 17 years of age; school attendance—Established.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Custodian means a parent as defined in Louisiana Children's Code, Article 116 or a person with legal custody as defined in Louisiana Children's Code, article 116 to whom the care or supervision of the child has been temporarily and lawfully delegated or assigned.
Emergency means an unforeseen circumstance or the resulting state that demands for immediate action including, but not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
Establishment means any privately owned place where business is carried on for a profit or any place of amusement or entertainment to which the public is invited.
Minor means any person under 17 years of age who has not been emancipated under state law.
Operator means any individual, firm, association, partnership, or corporation owning, operating, managing or conducting any establishment.
Permit means to knowingly allow or knowingly fail to prevent; or to fail to prevent due to lack of reasonable efforts or concern or due to failure to supervise or control.
Public place means any public street, private street, sidewalk, corner, road, highway, avenue, alley, park, playground, wharf, dock, public building, and appurtenant open space vacant lot or other public place.
Remain means to tarry, stay, loiter, idle, wander, stroll, or play.
Reasonable errand means the activity of a minor pursuant to a custodian's direction in a public place or establishment in order to accomplish an emergency mission or a legitimate family function in a normal and customary fashion considering the time of day, or going to or returning home from such an activity without any detour or stop.
(b)
Offenses. The following are violations of this section:
(1)
A minor shall not remain in a public place or on the premises of an establishment from:
a.
6:00 a.m. until 3:15 p.m. on any day when the minor is required to be in school;
b.
9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day from June 1 through August 31;
c.
8:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day from September 1 through May 31; and
d.
11:00 p.m. on any Friday or Saturday until 6:00 a.m. of the following day.
e.
8:00 p.m. Sunday, Monday, Tuesday, Wednesday, Thursday, Friday or Saturday until 6:00 a.m. of the following day in the area bounded by both sides of the following streets: Canal Street, North Rampart, Elysian Fields Avenue, and the Mississippi River.
(2)
A custodian shall not:
a.
Permit or by insufficient control allow a minor under the custodian's care or custody to violate this section;
b.
Unreasonably permit a minor to remain in law enforcement custody more than six hours after being notified of the detention without causing communication with the detaining authority about the possibility of the minor's release;
c.
Unreasonably permit a minor to remain in city custody for more than 24 hours after the minor has been detained.
(3)
An operator or the operators, agents or employees shall not knowingly permit a minor to remain in violation of this section on the premises over which the operator has supervision, custody or control.
(c)
Defenses. The following are defenses to violations charged under this section:
(1)
This section shall not apply to any minor who is:
a.
Accompanied by the minor's custodian;
b.
On a reasonable errand;
c.
In a motor vehicle involved in interstate travel;
d.
Engaged in an employment activity pursuant to the minor's custodian's direction, or going to or returning home from such an employment activity without any detour or stop;
e.
Involved in an emergency;
f.
On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor, with the next-door neighbor's consent;
g.
Attending an official school, religious, or other recreational activity supervised by adults or sponsored by the city or another public body, a civic organization, or other similar entity that takes responsibility for the minor, or going to or returning home from such an activity, without any detour or stop; or exercising First Amendment rights protected by the United State Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly.
(2)
This section does not apply to an operator or operator's agent or employee who promptly notifies a law enforcement agency that a minor is present in the establishment in violation of this section and refuses to leave.
(d)
Enforcement.
(1)
Daytime violations. On first and subsequent incidents if a police officer or other authorized peace officer or other authorized person reasonably believes that a minor is violating any provision of subsection (b)(1) of this section, the officer or other authorized person shall complete a juvenile warning citation and take such minor to the appropriate shelter care facility (truancy center) as designated by the parish school board.
(2)
Nighttime violations. If a police officer or other authorized peace officer reasonably believes that a minor is violating any provisions of subsection (b)(1) of this section, the officer shall:
a.
Advise the minor that the minor is in violation of this section and instruct the minor to proceed immediately to the minor's residence without any detour or stop; or
b.
Take the minor into custody in accordance with the procedure established in Article 736 of the Louisiana Children's Code.
(e)
Penalties.
(1)
A violation of this section by a custodian, an operator or operator's agent or employee shall be a misdemeanor punishable by the municipal court.
(2)
A custodian found in violation of this section shall be fined not more than $500.00. For appropriate cases, the city attorney may recommend that the court suspend the sentence on a first or second offense and, as a condition of such a suspension order or require the performance of up to 60 hours of community service. As part of or in lieu of any other penalty that may be imposed under this section, a custodian may be required by the court to obtain counseling or attend classes or programs to improve parenting and child-raising skills.
(3)
If a custodian is convicted of a third offense, the record of the prosecution shall be transmitted by the city attorney to the district attorney, for review for possible action under the Louisiana Children's Code.
(4)
An operator or an operator's agent or employee found in violation of this section shall be fined not more than $500.00 or imprisoned in the parish jail for not more than six months, or both, at the discretion of the court. Each day that a violation continues shall constitute a separate offense.
(Code 1956, § 42-80.2; M.C.S., Ord. No. 16,498, § 1, 5-23-94; M.C.S., Ord. No. 24721, § 1, 1-5-12)